McCallum v The Commissioner of Corrective Services [2002] NSWSC 497

Reported Decision : 129 A Crim R 590

New South Wales Supreme Court

CITATION : McCallum v The Commissioner of Corrective Services [2002] NSWSC 497 CURRENT JURISDICTION: Common Law Division Administrative Law List FILE NUMBER(S) : SC 30067/01 HEARING DATE(S) : 8 May 2002 JUDGMENT DATE : 6 June 2002

PARTIES : John Darrin McCallum (P) The Commissioner of Corrective Services (D) JUDGMENT OF : Burchett AJ

COUNSEL : Plaintiff in person R Bromwich (D) SOLICITORS : I V Knight, Crown Solicitor (D) CATCHWORDS : ADMINISTRATIVE LAW- PRISONS ADMINISTRATION- Classification of prisoners- Whether a prisoner sentenced for sex offences could have his classification affected by reference to his attitude to those offences and to psychological treatment related to them after expiry of the sentence and during a further sentence related to robbery offences- Relevance of totality principle which had been applied when he was sentenced- Classification depending on the opinion of the Commissioner- Opinion as to prisoner's need for supervision- Breadth of matters able to be considered- Appropriate costs order. Crimes (Administration of Sentences) Act 1999, s 79 LEGISLATION CITED : Crimes (Administration of Sentences) Regulation 2001 Crimes Act 1900 Arnold v The Queen (1996) 71 FCR 117 Director of Public Prosecutions v Grabovac (1998) 1 VR 664 Jarvis v The Queen (1993) 20 WAR 201 CASES CITED : McCallum v The Commissioner of Corrective Services of New South Wales (Sully J, 27.3.2001) McDonald v The Queen (1994) 48 FCR 555 Mill v The Queen (1988) 166 CLR 59 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 R v Booth (2001) 1 Qd R 393 DECISION : Application dismissed.